Just Watched

Undocumented immigrant fights for law license

It also doesn't matter that he has been approved for a green card since 1995 and has been on the waiting list since. The line for Mexican citizens is so long it could be another six or seven years before his permanent residency is confirmed, he estimated.

He has the support of California Attorney General Kamala Harris, who wrote in a brief to the state supreme court last year: "Admitting Garcia to the bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society."

And the state bar wants to admit him.

In many ways it seems straightforward: How can someone without legal status become licensed as a lawyer, whose job entails upholding the law?

"Aliens, including those that lack immigration status, are presumptively ineligible to receive public benefits," such as a law license, officials wrote, referring to a 1996 law signed by President Clinton.

The argument is that the court is partially funded by the state, and the state cannot fund an undocumented immigrant, so the court may not issue a law license.

But Garcia and his supporters believe the issue is not that simple as they make their arguments before the California Supreme Court on Wednesday. In addition to Garcia's lawyer, Jerome Fishkin, James Wagstaffe for the California State Bar, Ross Moody for the Attorney General's office and Tenny Daniel for U.S. Department of Justice appeared in court.

The case is being closely watched for the precedent it could set, not just for California, but the nation.

The court's decision could affect hundreds of other young professionals in this country seeking a license, according to Víctor Nieblas, an immigration attorney based in Southern California.

Garcia's case has received nationwide attention because of two similar cases in Florida and New York.

In Florida, bar admissions candidate and undocumented immigrant Jose Manuel Godinez-Samperio, 26, passed the bar and also couldn't receive his law license. He, along with the Florida Board of Bar Examiners, petitioned the state supreme court in December 2011 for an advisory opinion: "Are undocumented immigrants eligible for admission to the Florida Bar?"

He qualifies for a green card through his father, who became a lawful permanent resident under the 1986 amnesty law, but is still waiting.

"Immigrants must wait longer if they are from Mexico, India, China or the Philippines, because lots of people from those countries want to immigrate to the U.S., and so demand is greater than supply," said Hiroshi Motomura, professor of immigration and citizenship law at the UCLA School of Law, "This seems superficially fair but I believe it's quite unfair and unequal, because the waiting period can vary so much."

"If Mr. Garcia works or not is a separate question that deserves independent analysis," Nieblas said.

Motomura's view is that although undocumented immigrants generally may not be employees, they can be independent contractors. They could take clients as solo practitioners, to work on specific cases or projects, or to have an ongoing relationship as long as they had multiple clients. This ability to work as an independent contractor also means they could do volunteer legal work of certain kinds.

The U.S. Constitution guarantees public educational access through high school. Beyond high school there is no constitutional guarantee of access, but traditionally each state can decide to admit undocumented students to its public colleges and universities. Some bar them, some admit them as nonresidents at higher tuition, and some, like California, admit them at resident tuition rates.

Motomura said whatever California decides, "it is a decision that the federal government should and must respect."

The California Supreme Court has up to 90 days to decide on the future of Garcia. If it denies him his law license, he said he is prepared to take his case to the U.S. Supreme Court.

Should it be legal for an undocumented immigrant to practice law? Share your thoughts in the comments.